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Author Topic: 19 in Alabama but not an adult?  (Read 1692 times)

Talan

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19 in Alabama but not an adult?
« on: Mar 05, 2007, 03:02:29 PM »
My Ex and her husband now live in FL, I live in AL. My oldest child is 18 and recently left her mothers home in FL to come to me in AL. The AL judge forced her to leave with her mom to go back to her care. In Fl you are an adult at 18. Even after screaming that the stepfather had molested her 3 years prior.

Any idea how to go about imancipating an 18 year old in Alabama?

My 15 year old son lives in that same home. He wants out, any ideas for hope there? His step father has struck him but left no marks. The mom won't stand up for them.

All family is in AL, they have no relatives within 4 hours, be thier step fathers design.



MixedBag

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RE: 19 in Alabama but not an adult?
« Reply #1 on: Mar 05, 2007, 03:22:06 PM »
Age of emancipation in AL is 19 or finished high school whichever comes later.

Yes, that means you pay child support for a child who has already graduated high school in many many many cases.

AL resident here, and trained mediator.....but that doesn't mean I know the laws like an attorney would, O.K.???

My two daughters emancipated here in AL and yes, dad paid CS for the oldest because when she graduated she wasn't "old enough".  

If you want your daughter emancipated, according to the age in FL (which is 18), you have to get a FL court order.  But chances are that jurisdiction is not Florida for this subject.

Get daughter to finish high school -- only 3 more months -- and then have her come and enroll in college.

As for the other child, the son must find the courage to stand up to the whole situation and be able to voice his opinion in court.  And all that needs to be filed in Alabama (assuming jurisdiction is still here).

What reason did the judge give for sending the daughter back???

And what did you file with the court?  (title of motion)

Actually, let me give you another example about the age problem you're seeing.  Remember LONG TIME AGO, when the drinking age was 18 in one state, 19 in another, and 21 in the third state?  That meant that when you turned 18, you would drive across the state lines, buy the beer....and bring it back.  Well the bring it back part became illegal because where you were the age was over 18.  And all those folks in the state where the age was 21, REALLY drove across the state line.  They could drink in the 18/age state, but they couldn't bring it back.

I'm not 100% sure, but I think driver's licenses are the same.  Here you can get a permit at 15, license at 16.  But in other states, the age is older.....and then in the fine lines of the laws it says that when you move, you've got 30 days to convert your license.  So my son can get his license here earlier than in his dad's state by 6 months.  Which means I can't let him take that license back to his dad's house and expect him to be allowed to drive because of the age requirement in the law.....until 6 months later, then he'll probably just have to convert the license instead of doing it all from scratch.

The drinking story hit home with me because at 18 I could buy alcohol until we moved to CA -- where the age was 21 and I was only 20

Talan

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RE: 19 in Alabama but not an adult?
« Reply #2 on: Mar 05, 2007, 03:41:01 PM »
The ex files an expate motion for retraining order. The AL judge would only see the old decree as his order and forced her to go back. Oddly enough that means "You are 18 so you have to go home with mommy, or I'll hold you in contempt and send you to jail and because you're 18 in AL that's ADULT JAIL"
In FL my daughter filled for an injunction against the Step Father due to the abuse, but it wasnst granted due to a lack of recent evidence.
I have files an Emergency Petition to Modify to change custody because of things that happened since the judge sent her back, threats that she would "see people around her start to drop dead", 2 attempts from her mother to strike her and the continuation of verbal abuse, mother threatening suicude, etc. She left again after 24 hours. Luckily FL didnt care one bit about AL orders and didnt try to force her to go back, but will be back in AL courth very soon for my motion.

mistoffolees

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RE: 19 in Alabama but not an adult?
« Reply #3 on: Mar 05, 2007, 05:19:27 PM »
Absolutely amazing. Good luck in getting it sorted out.

Jade

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RE: 19 in Alabama but not an adult?
« Reply #4 on: Mar 05, 2007, 08:03:44 PM »
>My Ex and her husband now live in FL, I live in AL. My oldest
>child is 18 and recently left her mothers home in FL to come
>to me in AL. The AL judge forced her to leave with her mom to
>go back to her care. In Fl you are an adult at 18. Even after
>screaming that the stepfather had molested her 3 years prior.
>
>Any idea how to go about imancipating an 18 year old in
>Alabama?
>
She's 18.  She's old enough to vote.  She's old enough to join the military without your or her mother's permission.  

Why exactly did the judge order an adult out of Alabama?  Something sounds off.  

>My 15 year old son lives in that same home. He wants out, any
>ideas for hope there? His step father has struck him but left
>no marks. The mom won't stand up for them.
>
>All family is in AL, they have no relatives within 4 hours, be
>thier step fathers design.
>
>

Who has jurisdiction, Alabama or Florida?  File for custody and request a custody evaluation and an investigation for the sexual abuse charges against the pervert.  Good luck.


MixedBag

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RE: 19 in Alabama but not an adult?
« Reply #5 on: Mar 05, 2007, 08:40:28 PM »
Adult age in family court in AL is 19.  That's why the AL judge still  had the authority to send her back.

 

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